Planning Division Case Report VP

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1 Planning Division Case Report VP Review Date: December 1, 2015 Applicants/ Property Owners: Owner Address: Authorized Representative Request: Patrick and Kimberly Shuler 2814 SW 25 th Street Cape Coral, None The applicants are requesting to vacate the following: (1) About 5, ft 2 of underlying easements associated with a portion of a previously vacated right-of-way (ROW) segment of SW 28 th Place, as depicted in Exhibit A. (2) About 1, ft 2 of six-foot wide platted easements associated with Lot 44, Block 5987, as depicted in Exhibit B. (3) About ft 2 of platted ROW and underlying easements located near the northeast corner of Lot 44, Block 5987, as depicted in Exhibit C. Location of 2814 SW 25 th Street Applicants Property Cape Coral, Unit 93, Block 5987, Lot 44 plus part of a vacated right-of-way Strap number: C Prepared By: Approved By: Recommendation: Urban Service Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Derek C.S. Burr, AICP, Planning Division Manager Approval with conditions Transition Site Visit: November 13, 2015 Property Description: The applicants, Patrick and Kimberly Shuler, own a 19,682 ft 2 parcel located at 2814 SW 25 th Street. The subject property is located about 310 feet south of the intersection of Miracle Parkway and SW 28 th Place in southwest Cape Coral and abuts the Gelcys Canal. The subject property and all immediately

2 December 1, 2015 VP Page 2 surrounding parcels share a future land use classification of Single Family and have Single- Family Residential (R-1B) zoning. The Shuler property is undeveloped and the owners have expressed interest to City staff in constructing a single-family home on this property. To provide maximum flexibility for the design of this house, the owners seek to vacate underlying easements associated a segment of SW 28 th Place that was previously vacated by Resolution , along with a six-foot wide platted easement associated with the eastern lot line of Lot 44. Lastly, the owners seek to vacate a small triangular piece of ROW located near the northeast corner of Lot 44 to provide for a more regular parcel configuration. Underlying easements associated with this ROW are also sought to be vacated. Analysis: Staff has analyzed these requests consistent with the provisions contained within the City s Land Use and Development Regulations (LUDR), Section 8.11, entitled Vacation of plats, rights-of-way and other property. The applicants seek to vacate 5, ft 2 of underlying easements associated with a previously vacated ROW segment of SW 28 th Place located near the eastern property boundary of the subject parcel. The property owners will deed to the City 2, ft 2 in easements that will provide a 15-foot wide public utility and drainage easement abutting the eastern property boundary of the subject parcel as shown in Exhibit D. In most instances a six-foot wide easement is sufficient for providing for utility installation and maintenance around residential properties. However, a City water main is located about one foot west of the eastern property line of the subject parcel and Development Services and Utility staff have determined that a 15-foot wide easement is needed for this water main should maintenance be required. The applicants also seek to vacate 1, ft 2 of platted six-foot wide public utility and drainage easments associated with the eastern lot line of Lot 44. Due to the expansion of this property that occurred following the ROW vacation approved by Resolution 6-99, these platted easements are now located interiorly within the parcel. These vacated easements will be replaced by the 15-foot wide easement discussed in the preceeding paragraph that will be deeded to the City from the owners. Staff finds that these six-foot wide platted easements are no longer necessary since they serve no public purpose. The vacation of these easements will also provide the owners with greater flexibility in developing this property as only a limited number of improvements are allowed within easements by the City as specified within LUDR, Section 3.14, entitled Protection of Easements. Lastly, the applicants seek to vacate ft 2 of platted ROW and underlying easements. This relatively small, triangular area is residual ROW that remained after SW 28 th Place was vacated by Resolution This ROW due to its area, configuration, and location does not serve any public purpose currently, nor is this ROW anticipated to serve any public purpose in the future. This vacation will marginally increase the area of the subject property by 134 ft 2, but more importantly, will provide the Shuler parcel with a more regular configuration (i.e., a square corner) at the northeast corner of this parcel. The applicants also seek to vacate the underlying easements associated with this ROW. Staff supports the vacation of these easements as well. In order to provide a continuous perimeter easement 1 Resolution 6-99 only vacated the right-of-way, not the underlying easements.

3 December 1, 2015 VP Page 3 with a minimum width of six feet around the periphery of the subject parcel, the applicant proposes to deed to the City two additional easements, shown on Exhibits E and F that total ft 2 and ft 2, respectively. Century Link, Comcast, and LCEC have reviewed these requests and provided letters of no objection. This request will result in the vacation of 7, ft 2 of easements and ft 2 of ROW. The applicant will be deeding 3, ft 2 of easements to the City to provide a continuous easement around the perimeter of the subject property with a minimum width of six feet. Collectively, these vacations increase the developable area of the applicants property. The ROW vacation will provide for a more regular confirguration of this site and will slightly expand the area of this parcel by about 134 ft 2. Staff finds that the ROW and easements requested to be vacated within this application are not required to fulfill any current nor forseeable public use. As such, these requests will not be harmful to the community and are consistent with promoting the public interest by providing the applicants with greater flexibility in developing the subject property and adding a small amount of property to the ad valorem tax rolls. Recommendation: Based on the above analysis, staff recommends approval of the requested vacations with the following conditions outlined below. Conditions of Approval 1. The vacation of underlying easements associated with the platted street ROW segment of SW 28 th Place previously vacated by Resolution 6-99 shall be consistent with that shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc. that is entitled Vacation of Underlying Easements S.W. 28 th Place, Cape Coral Unit 93, dated September 4, 2015 as depicted in Exhibit A. 2. The vacation of the six-foot wide public utility and drainage easements associated with Lot 44, Block 5987 shall be consistent with that shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled Vacation of a Portion of a 6 Foot Wide Public Utility and Drainage Easement Within Lot 44, Block 5987, Cape Coral Unit 93, dated September 4, 2015 as depicted in Exhibit B. 3. The vacation of a portion of a platted street ROW and underlying easements located near the NE corner of Lot 44 shall be consistent with that shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled Vacation of a Portion of Road Right of Way and Underlying Easements at the Northeast Corner Lot 44, Block 5987, Cape Coral Unit 93, Section 32, Township 44 South, Range 23 East (Plat Book 25, Pages 1-21) Lee County, Florida, dated September 4, 2015 as depicted in Exhibit C. 4. The applicants shall deed to the City 2, ft 2 in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled 15 Foot Wide Public Utility and Drainage Easement, Cape Coral Unit 93 dated October 9, 2015 as depicted in Exhibit D.

4 December 1, 2015 VP Page 4 5. The applicants shall deed to the City ft 2 in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled 6 Foot Wide Public Utility and Drainage Easement, Cape Coral Unit 93 dated September 4, 2015 as depicted in Exhibit E. 6. The applicants shall deed to the City ft 2 in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled 6 Foot Wide Public Utility and Drainage Easement, Cape Coral Unit 93 dated September 4, 2015 as depicted in Exhibit F. 7. The City shall not issue a building permit for the subject property that includes land occupied by easements described in Exhibits A, B, or C until the City Council accepts deeded easements from the applicants consistent with those replacement easements described in Conditions #4, #5, and #6 above. 8. This resolution shall be recorded with the Office of the Lee County Clerk of Court by the City of Cape Coral after deeded easements from the applicants as described in Conditions #4, #5, and #6 above have been approved by the City Council. This resolution shall not be recorded and therefore become effective until the applicants reimburse DCD for all recording fees associated with this resolution. Staff Contact Information Mike Struve, AICP, LEED Green Associate, Development Management Team Coordinator PH: mstruve@capecoral.net

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17 October 16, 2015 City of Cape Coral Department of Community Development 1015 Cultural Park Blvd. Cape Coral, Fl Re: Vacation Request SW 25TH STREET (UNIT 93 BLK 5987 PB 25 PG 19 LOT 44 + VAC OR 3079/2766) Dear Sir/Madam, As the property owners of the lot noted at 2814 SW 25th Street, I am writing to request a vacation of the vacated PUE that currently exists on the property. The intent is to build a home on the property, and the vacation is requested in order to accommodate the house that we would like to build. The current vacated PUE is 30' west from the property line, plus an additional 6' standard PUE, as well as an old right of way. These setbacks and right away currently exist due to a vacated PUE that was in place due to potential road/canal bridge construction. This construction potential was later abandoned and the PUE was vacated, but the PUE lines still exist on the survey, thus not enabling us to build the home we desire. In discussions with the Planning and Zoning Department, a revised PUE has been recommended and we as property owners have agreed to the recommendation. The recommendation resets the PUE at 15' west from the property line with no additional standard PUE, as well as vacating the old right of way. This revised PUE will allow us the additional space needed to build the home we desire. Your consideration of this vacation request is greatly appreciated. Should you have any questions re: this matter, please feel free to contact me. Sincerely, Patrick A. Shuler

18 NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt RESOLUTION SE ; A RESOLUTION AMENDING RESOLUTION , WHICH GRANTED A SPECIAL EXCEPTION TO OPERATE A RENTAL ESTABLISHMENT, GROUP III (AUTOMOTIVE) USE IN A PEDESTRIAN COMMERCIAL (C-l) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 54-57, BLOCK 3047, UNIT 62, SUBDIVISION, BY REPEALING CONDITIONS AND PROVIDING NEW CONDITIONS; PROPERTY LOCATED AT 2200 SANTA BARBARA BOULEVARD; PROVIDING AN EFFECTIVE DATE. FURTHER that an application has been received from DEBONO'S, INC. FURTHER that said request will be reviewed by the Cape Coral Board of Zoning Adjustment and Appeals on January 6 th, 2016 at 9:00 A.M. in the Council Chambers at City Hall. FURTHER any person may appear at the public hearings and be heard, subject to proper rules of conduct. Written comments filed with the Director will be entered into the record. The hearings may be continued from time to time as necessary. FURTHER any person deciding to appeal any decision made at these hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. FURTHER in accordance with the Americans with Disabilities Act, p e r s o n s n e e d i n g s p e c i a l accommodations to participate in this proceeding should contact the City Clerk s office which is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. In accordance with Section , Florida Statutes, persons with disabili ties needing special accommodations to participate in this meeting should contact the City Clerk at least 48 hours prior to the meeting. FURTHER You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Please reference the case n umber b elow w i t hi n yo ur correspondence and mail to: Depa rtment of Community Development, Planning Division, P. O. Box , Cape Coral, ; o r e m a i l comdev@capecoral.net. For further information, please call Mike Struve at or at mstruve@capecoral.net. by order of Rebecca van Deutekom, MMC City Clerk REF # SE Sunday, December 27 th, 2015

19 SE RESOLUTION SE A RESOLUTION AMENDING RESOLUTION , WHICH GRANTED A SPECIAL EXCEPTION TO OPERATE A RENTAL ESTABLISHMENT, GROUP III (AUTOMOTIVE) USE IN A PEDESTRIAN COMMERCIAL (C-l) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 54-57, BLOCK 3047, UNIT 62, SUBDIVISION, BY REPEALING CONDITIONS AND PROVIDING NEW CONDITIONS; PROPERTY LOCATED AT 2200 SANTA BARBARA BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, an application to amend Resolution by DEBONO'S, INC., has been submitted and reviewed by the Planning and Zoning Commission, the City of Cape Coral, and has been presented to the City of Cape Coral Board of Zoning Adjustment and Appeals at a Public Hearing for Special Exception. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF, ORIDA: Section 1. That the City ofcape Coral Board ofzoningadjustment and Appeals having specifically considered the recommendations of the City of Cape Coral Planning and Zoning Commission, Local Planning Agency, the City of Cape Coral Planning Division, and the presentation made at the Public Hearing, the criteria set forth in the City of Cape Coral Code Article VIII, Administration, Section 8.3, Public Hearings, and Section 8.8, Special Exceptions, the City of Cape Coral Comprehensive Plan and the application materials submitted with Application SE the Board of Zoning Adjustment and Appeals hereby grants an amendment to Resolution , which granted the below-described real property A SPECIAL EXCEPTION TO OPERATE A RENTAL ESTABLISHMENT, GROUP III (AUTOMOTIVE) USE IN A PEDESTRIAN COMMERCIAL (C-l) zone on the below-described property: LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 26, TOWNSHIP 44 SOUTH, RANGE 23 EAST, LEE COUNTY, ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 54, 55, 56, AND 57, BLOCK 3047; AS SHOWN ON THE PLAT OF CAPE CORAL UNIT 62, RECORDED IN PLAT BOOK 21 AT PAGES 21 THROUGH 35 OF THE PUBLIC RECORDS OF LEE COUNTY, ORIDA. PROPERTY LOCATED AT: 2200 SANTA BARBARA BOULEVARD Section 2. The conditions contained within Resolution are hereby repealed and replaced with the following: 1. All rental vehicles and trailers shall be located within striped parking stalls. No rental vehicle or trailer may be parked outside of an unmarked area. The City shall not issue a certificate of use for a Rental Establishment, Group III use until all rental vehicle and trailer spaces have been clearly identified with striping on the site. 2. No rental vehicles or trailers shall be located in existing parking spaces located to the immediate east side of the building. These spaces shall be reserved solely for customer parking. 3. A maximum of ten (10) rental trucks may be located in the rear yard of the subject property. The maximum length of these trucks shallnot exceed 26 feet, as measured from front to rear bumper. Regardless of the length of the truck, no portion of any truck shall extend into the alley located to the west of the subject site. 4. A maximum of two (2) pick-up trucks or two (2) vans, or any combination thereof not to exceed two (2) vehicles may be parked at the southeast corner of the property. Except for those two (2) vehicles parked at the southeast corner of the property, rental trucks and vans are restricted to areas located along the north property line ofthe subject property.

20 5. A maximum of ten (10) trailers may be parked within the area located between die north side of the building and the diesel fuel pumps, and along the north property line of the subject property. Section 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF AT ITS REGULAR SESSION THIS DAY OF, DANIEL READ, CHAIRMAN BOARD OF ZONING ADJUSTMENT AND APPEALS ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM CITY CLERK APPROVED AS TO FORM: BRIAN R. BARTOS ASSISTANT CITY ATTORNEY SKI

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23 SW 29TH AVE VETERANS MEMORIAL PKWY CITY OF Department of Community Development Planning Division MIRACLE PKWY ZONING MAP 500 Proximity Boundary Case No. VP Lot: 1 Legend Subject ROW SW 25TH ST 500' Boundary Subject parcel Zoning A R1B R3 Subject Parcel GELCYS CANAL GELCYS CANAL µ SW 25TH TER MAXINE CANAL SW 26TH ST ALECIA CANAL SW 28TH PL DECEMBER 4, Feet SW 28TH AVE 500' Proximity Boundary This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

24 500 FT BOUNDARY PROPERTY OWNERS-VP SHULER PATRICK Owner Strap Block/Lot C Owner Information ADVANTAIRA TRUST LLC 1804 SW 38TH TER Zoning U 2827 SW 25TH ST R1B SF C ALLEN ROBERT+ BARBARA TR 2815 SW 25TH ST 2815 SW 25TH ST R1B SF C APICELLA JOHN + MARION TR 2532 SW 28TH AVE 2532 SW 28TH AVE R1B SF C AWP SOUTHERN INVESTMENT INC 1342 COLONIAL BL 2527 SW 28TH AVE R1BW SF FORT MYERS C BARROR TIMOTHY J + MARY ANNE 2538 SW 32ND LN 2528 SW 28TH PL R1BW SF C BARTOMEO ADAM + DEANNA L 2527 SW 28TH PL 2527 SW 28TH PL R1B SF C BERNAL ROMULO A SW 29TH AVE 2605 SW 29TH AVE R1BW SF C BLANCO MARIO J + JENNIFER 2823 SW 25TH ST 2823 SW 25TH ST R1B SF C BUCHER JEFFREY TR 254 LONG POINT R 2528 SW 28TH AVE R1B SF CROWNSVILLE MD C BUONAMIA ARTHUR J TH AVE N 2807 SW 25TH TER R1BW SF MARYSVILLE WA C CIAMPA CYNTHIA LYNN SW 26TH ST 2901 SW 26TH ST R1BW SF Friday, December 04, 2015 Page 1 of 6

25 Owner Strap Block/Lot C Owner Information CLARK DAVID L TR SW 25TH TER Zoning U 2801 SW 25TH TER R1BW SF C CONDS INVESTMENTS LLC OVERSEAS 2806 SW 25TH ST R1BW SF TAVERNIER C DAFNER HERMANN 2822 SW 25TH ST 2822 SW 25TH ST R1BW SF C DAMME CORNEILLE VAN DEN RUE A CLUYSENAE 2524 SW 28TH AVE R1B SF C ST GILLES DELISIO MICHAEL G + ELSA D 2523 SW 28TH AVE 2523 SW 28TH AVE R1BW SF C DMK HOLDINGS INC DEL PRADO B 2601 SW 29TH AVE R1BW SF C DOEFFINGER ANN 3 RUTH PL 2830 MIRACLE PKWY R1B SF PISCATAWAY NJ C DOPIERALA RONALD W + SHARON P 2801 SW 25TH ST 2801 SW 25TH ST R1B SF C EQUITY TRUST COMPANY 2662 WINDWOOD P 2806 MIRACLE PKWY R1B SF C EVANGELISTA ORITA T LARINO LOO 2834 MIRACLE PKWY R1B SF ESTERO C EVANGELISTA PATNUBAY MIRACLE PK 2902 MIRACLE PKWY R1B SF C FELTMAN JOHN + CARRIE 2802 MIRACLE PK 2802 MIRACLE PKWY R1B SF Friday, December 04, 2015 Page 2 of 6

26 Owner Strap Block/Lot C Owner Information FOUCHT MILLARD F TR SW 28TH PL Zoning U 2532 SW 28TH PL R1BW SF C FOX CRAIG A + BARRI S 210 WEST RD 2524 SW 28TH PL R1BW SF SALEM CT C FRENKO ERNST + MORNSWEG SW 25TH ST R1BW SF C GLADENBACH GLOVER ANN MARIE 74 SPRAGUE AVE 2737 SW 25TH ST R1B SF STATEN ISLAND NY C GOEBEL DAVID + MARY 2807 SW 25TH ST 2807 SW 25TH ST R1B SF C GRAZIANO PAUL + AMIE 741 DEL PRADO BL 2729 SW 25TH ST R1B SF C GROPENGIESSER MAIK + AUF DEM MITTELK 2826 SW 25TH ST R1BW SF BASSUM C GUDAC VALERIE LYNN STE 202 PMB FIDDLESTICKS BLVD FORT MYERS SW 25TH ST R1B SF C HARRIS ERROL + COSETTE M 1765 GROVEWAY D 2819 SW 25TH ST R1B SF GERMANTOWN TN C HARRIS S BLAKE + JORIE J 2906 SW 25TH ST 2906 SW 25TH ST R1BW SF C HUTTS JOHN L + TERRI A 3960 W PLACITA D 2811 SW 25TH TER R1BW SF TUCSON AZ C JACOBS DAVID M 2907 SW 25TH ST 2907 SW 25TH ST R1B SF Friday, December 04, 2015 Page 3 of 6

27 Owner Strap Block/Lot C Owner Information KARNIS JOHN A + BERNICE 8580 VERREE RD A Zoning U 2822 MIRACLE PKWY R1B SF PHILADELPHIA PA C KNUDSON BRUCE W + PATRICIA J 2512 SW 28TH PL 2512 SW 28TH PL R1BW SF C LEWIS ERIC B + KIMBERLY M 2740 MIRACLE PK 2740 MIRACLE PKWY R1B SF C MCGRATH KEVIN A + JANET L 7315 SARADINIA D 2736 SW 25TH ST R1BW SF ALBUQUERQUE NM C MCPHEE PETER + SUSANNE 2810 SW 25TH ST 2810 SW 25TH ST R1BW SF C MEHMEDBASIC SEAD + MARIJANA 924 SE 19TH LN 2818 MIRACLE PKWY R1B SF C MEYER GARY + JOAN 2553 VERDMAONT 2736 MIRACLE PKWY R1B SF C MILLER JAMES J TR SW 25TH ST 2818 SW 25TH ST R1BW SF C MOFFAT CHRISTINA L 2903 SW 25TH ST 2903 SW 25TH ST R1B SF C MOUNTAIN MOVERS LLC 1269 EAGLE CRES 2802 SW 25TH ST R1BW SF BISMARCK ND C MULLER HARRY J + HOLLY L 2902 SW 25TH ST 2902 SW 25TH ST R1BW SF C MULLER MATTHEW T TR 5782 BEECHWOOD FORT MYERS Friday, December 04, 2015 Page 4 of 6

28 Owner Strap Block/Lot C Owner Information OLBRICH BERND + LINDENRING 37 Zoning U 2531 SW 28TH PL R1B SF C BOMLITZ PALOTTA FRANK + GRACE G 2520 SW 28TH PL 2520 SW 28TH PL R1BW SF C ROBB GREGORY J + LEANNE M 6037 GLEN CT 2740 SW 25TH ST R1BW SF FRANKLIN WI C ROCHA MARILUCIA 5715 VERSAGE DR 2810 MIRACLE PKWY R1B SF MINT HILL NC C SARAJLIJA RIZAH + ELVIRA 5126 SWEET WATE 2811 SW 25TH ST R1B SF WATERLOO IA C SHULER PATRICK SW 15TH AVE 2814 SW 25TH ST R1BW SF C SMITH DONALD S + SANDRA L 1202 KATE DR 2523 SW 28TH PL R1B SF YORKVILLE IL C SPARBY MATTHEW J + JESSICA L 1499 ANNE ST NW 2835 SW 25TH ST R1B SF BEMIDJI MN C SPARBY MATTHEW J + JESSICA L 1499 ANNE ST 2834 SW 25TH ST R1BW SF BEMIDJI MN C STIVERS JR RICHARD SW 25TH ST 2830 SW 25TH ST R1BW SF C TANG DAVID + BEATRICE 23 PUBINS LN 2732 MIRACLE PKWY R1B SF NEW HYDE PARK NY C TEICHMANN MYRTLE A TR 2826 MIRACLE PK 2826 MIRACLE PKWY R1B SF Friday, December 04, 2015 Page 5 of 6

29 Owner Strap Block/Lot C Owner Information TICKLER DALE 1/ EDGEWOOD L Zoning U 2733 SW 25TH ST R1B SF EAU CLAIRE WI C VELEZ JENIFER V 2814 MIRACLE PK 2814 MIRACLE PKWY R1B SF C WHITE JEFFREY S 32 PISCATAQUA R 2803 SW 25TH TER R1BW SF DOVER NH Friday, December 04, 2015 Page 6 of 6

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